JAGANNATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal by all the convicted accused, accused Nos. 1, 2 and 3. This is a case of double murder. The occurrence took place at about 8.30 p.m. on 11-3-1983 at Melayyampatti Village, in Trichy District. Accused Nos. 1 to 3 are brothers P.W. 1 is the wife of deceased No. 1 p w. 2 is the father of D-1 and brother of deceased No. 2 P.W. 3 s a nephew of D-2 through another brother. He has turned hostile.

(2.) The version of the prosecution as disclosed in the First Information Report (Ex. P. 1) by P.W. 1 at the Thuvakudy Police Station is as follows: Deceased No. 1 was running a tea shop in the village Melayyampati. Accused No. 1 owed about Rs. 156/- to D-1. Two days prior to t e occurrence Accused No. 2 came to the shop of D-1 and when D.1 asked him to pay the money Accused No. 2 failed to do so. On the next day, Deceased No. 1 went to the house of Accused No. 2 to ask for money and returned as his home was locked. Then accused No. 2 came to the shop of deceased No. 1 and expressed his discontent about Saurimuthu alias Manickam, i.e. the deceased No. 1, shouting at his residence when he was absent Accused No. 2 further stated to P.W. 1 who was present there, that he refrained from doing any harm on account of her welfare, that otherwise he would have done away with Manickam, deceased No. 1. On the next day accused No. 2 came to the tea shop and tendered money to Manickam but Manickam stated that he had no change Accused No. 2 then called Manickam to his house On suspicion, P.W. 1 followed them.

(3.) On reaching the house of accused No. 2 P.W. 1 saw accused Nos. 1 and 3 standing behind the Padal. Accused No. 2 came out through the Padal while Manickam was standing outside the Padal. Accused No. 1 abused Manickam in filthy words and cut him with Aruval near the left ear. Manickam fell down. Then P.W. 1 shouted that her husband was being cut. Accused No. 3 cut Manickam with Aruval on his left side of the neck. Accused No. 2 cut him on the left elbow. On account of pain Manickam turned on the right side and accused No. 1 again cut him on the right elbow. Manickam died on the spot.